NASA leader Raila Odinga taking an oath of office in the past. [Photo/the-star.co.ke]
Attorney General Githu Muigai has given the government's position on the planned swearing in by NASA leader Raila Odinga on December 12th.
According to Muigai, the swearing-in is illegal and that NASA leaders will be punished if they carry out the audacious plan.
Muigai speaking on Tuesday said that NASA will be violating Constitution Article 3(2), obligating everyone to uphold and respect the Constitution.
"Any attempt to establish a government otherwise than in the compliance with this constitution is unlawful," says Subsection 2.
"The law as clear as day and night," Muigai is quoted by the Star.
He said that violation of the Constitution is committing an offence.
NASA, however, cites Article 1 giving all sovereign power to the Kenyan people, as justification to swear in Raila as the People's President.
The Star further reveals that the National Intelligence Service has recommended NASA leaders be arrested and charged with treason if Raila is sworn in, intelligence and police sources tell the Star.
The Penal Code says anyone who tries to form a government contrary to the Constitution could face charges of sedition, undermining a legitimate government and treason, which is punishable by death.